If you are reading this, chances are you are in a dark place. You’re waking up at 3:00 AM with a pit in your stomach. Your manager is micromanaging your every breath, your hard work is being ignored while less-qualified colleagues are promoted, or worse—you are being subjected to uncomfortable comments about your race, gender,…
Read More Thinking of Quitting Your New York City Job? Read This FirstIn Rosenberg v. Boces, No. 2024–11266, 2026 WL 2249474 (N.Y. App. Div. Aug. 5, 2026), the New York Appellate Division, Second Department, affirmed the lower court’s award of summary judgment dismissing plaintiff’s claims of disability discrimination, failure to provide a reasonable accommodation, and constructive discharge in violation of the New York State Human Rights Law…
Read More Disability Discrimination Claims, Arising From Denial of Remote-Work Accommodation, Properly DismissedIn Amble v. City of Rockford Fire Dep’t., No. 3:22-CV-50196, 2026 WL 1846509 (N.D. Ill. June 26, 2026), the court, inter alia, granted defendant’s motion for summary judgment as to plaintiff’s constructive discharge claim. Among other things, plaintiff alleged that she was subjected to a conversation about oral sex, found pornography in the restroom, and…
Read More Constructive Discharge Claim Dismissed; While Work Environment May Have Been “Unhealthy,” It Was Not Sufficiently “Intolerable”In Ashleigh, Theophania v. The Mount Sinai Hospital, 2026 WL 1133711 (S.D.N.Y. April 27, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claim asserted under 42 U.S.C. § 1981. From the decision: Constructive discharge of an employee occurs when an employer, rather than directly discharging an individual, intentionally creates an…
Read More Race-Based Constructive Discharge Claim Sufficiently AllegedIn Knight v. MTA – New York City Transit, No. 19-CV-1428 (PKC) (SDE), 2026 WL 875339 (E.D.N.Y. Mar. 31, 2026), the court granted plaintiff’s motion for reconsideration of the court’s summary judgment order on plaintiff’s claims of discrimination and retaliation under the New York City Human Rights Law, and discrimination and retaliation claims under the…
Read More Reconsideration Granted; NYCHRL and Amended NYSHRL Race Discrimination, Retaliation Claims Survive Summary Judgment
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In Schulman v. The Department of Education of the City of New York, No. 24 CIV. 8322 (AT), 2026 WL 573298 (S.D.N.Y. Mar. 2, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s employment discrimination claim. This decision provides an instructive overview of the “adverse employment action” element of this cause of action.…
Read More Employment Discrimination Claim Dismissed; Adverse Action, Constructive Discharge Insufficiently AllegedIn Equal Employment Opportunity Commission v. Sunrooms and More Design Center, Inc., No. CIV-24-01016-PRW, 2026 WL 483481 (W.D. Okla. Feb. 20, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations as follows: Shannon…
Read More Title VII Sex-Based Hostile Work Environment Claim Sufficiently Alleged, Court FindsIn Egan v. Ballantyne Country Club, No. 3:25-CV-00373-KDB-DCK, 2026 WL 377867 (W.D.N.C. Feb. 11, 2026), the court, inter alia, dismissed plaintiff’s claim of quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: In her next claim, Egan alleges that BCC violated Title VII when Dougherty made…
Read More Quid Pro Quo Sexual Harassment Claim Dismissed; Court Cites Failure to Allege Exercise of Authority to Alter Term or Condition of EmploymentIn Ramirez v. City of New York, No. 24-CV-1061 (AS), 2026 WL 18678 (S.D.N.Y. Jan. 2, 2026), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation (but not disability discrimination) claim under the Rehabilitation Act. From the decision: The test for retaliation under the Rehabilitation Act has four parts: (1) the…
Read More Retaliation Claim, Based on Denial of Accommodations Following Filing of Lawsuit, Survives Summary JudgmentIn Cassel v. Truss Communications, Inc., 2025 WL 2882054 (N.D.Okla. Oct. 9, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. From the decision: The ADA recognizes certain mental health conditions as qualifying disabilities. See 29 C.F.R. 1630.2(h) (“mental impairment means ……
Read More ADA Hostile Work Environment Claim Dismissed; Mental Health, Obesity Not Shown to Qualify as Statutory “Disabilities”